Brief case description
In the winter of 2014-2015, D. V. Kriuchkov as Chairman of the Board of PrAT KhK Energomerezha allegedly organized, supervised the preparation and execution of the crime by Director of Energy Sales of VAT Zaporizhiaoblenergo Kornilenkov for to obtain undue benefits (Article 26, part 3 and Article 364, part 2 of the Criminal Code of Ukraine). Kriuchkov allegedly took possession of somebody else’s property by abuse of official position (Criminal Code of Ukraine, Article 191, part 5).
As Head of Zaporizhiaoblenergo, Kornilenkov allegedly entered into agreements on the assignment of the debt claim for energy supplied from Energomerezha to three enterprises. These agreements allegedly contradicted the energy law and violated the calculations procedure on the wholesale energy market.
As required by the agreements, these three enterprises paid part of the debt (UAH 196 million) to Energomerezha, and the other part (UAH 149 million) was terminated by applying a discount and thus writing off the debt.
At the same time, according to the conditions of the assignment agreements, PrAT Energomerezha was obliged to transfer money to VAT Zaporizhzhiaoblenergo during 2015 as the original lender.
As the Chair of PrAT Energomerezha and the manager of the enterprise, Kriuchkov failed to carry out settlements with VAT Zaporizhiaoblenergo. He took possession of the funds, UAH 196,823,482.14 total received from the debtors, by abusing his office.
Afterwards, he performed financial operations with the funds, including their transfer to allegedly false companies as payment for allegedly provided services (consulting or storage) or for bonds. That includes TOV “Torhovyi dim “Spetspostach”, TOV “Kyivskyi tsentr fondovykh posluh”, TOV “Torhimport”, TOV “Ekonomika.Finansy.Analiz”, PP “Servis-Haz”, TOV “Interlaks-Ekspres”, TOV “Finansova kompaniia “KUB”, TOV “Radinvest Yua”, TOV “Derta Soiuz”, TOV “Trans-Lit”, TOV “Alder Hrup”, TOV “Kompaniia “Treid-Aktyv”, TOV “Dalimar Servis” and others.
As a result, Zaporizhiaoblenergo and state enterprise Energorynok received over UAH 346 million less than they were supposed to.
Judicial panel
M. Halabala, V. Nohachevskyi (pres.), V. Kryklyvyi
Qualification
Kriuchkov is charged with taking possession of property by abuse of official position on a particularly large scale and organization of abuse of office with the purpose of receipt of undue benefit leading to grave consequences (Art. 191, part 5; Art. 27, part 3; Art. 364, part 2 of the Criminal Code of Ukraine).
Kornilenkov is charged with abuse of office with the aim of receipt of undue benefit leading to grave consequences (Article 364, part 2 of the Criminal Code of Ukraine).
Case timeline
04.04.2015 – Head Investigative Department of the Ministry of Internal Affairs entered information in the Unified State Register of Pretrial Investigations.
26.05.2015 — the NABU entered information into the USRPI
03.06.2015 — MIA investigators received temporary access to information subject to bank secrecy of VAT Zaporizhiaoblenergo and other major actors of the situation.
26.07.2015 — the Prosecutor General’s Office closed criminal proceeding N 12015000000000200 of 04.04.2015
15.04.2016 — head of the SAPO canceled the Prosecutor’s decision to close criminal proceedings of 27.07.2015.
16.05.2016 — detectives received temporary access to information subject to bank secrecy of more enterprises implicated in the case.
21.06.2016 — detectives served D. Kriuchkov with charges. They were not able to deliver the notice personally to I. Kornilenkov due to the fact that his location was unknown, but he was notified by mail.
29.06.2016 — D. Kriuchkov and I. Kornilenkov put on the wanted list
19.08.2016 — detectives received temporary access to information subject to bank secrecy of PAT Azot.
14.03.2017 — the court allowed to start special pretrial investigation into D. Kriuchkov and I. Kornilenkov.
31.03.2017 — Kriuchkov and Kornilenkov put on the international wanted list
05.05.2017 — Solomianskyi District Court of Kyiv selected interim measures for the suspects in absentia: detention for Kriuchkov (without bail) and for Kornilenkov (with bail set at UAH 8,000,000).
21.06.2017 — proceedings opened concerning bankruptcy of PrAT Elektromerezha
29.09.2017 — pretrial investigation stopped because the subjects remained in hiding
14.04.2018 — D. Kriuchkov detained in Bavaria (Germany) where he was released on bail of EUR 100,000
15.04.2019 — pretrial investigation renewed, Kriuchkov extradited into Ukraine and detained in Boryspil airport
16.04.2019 — Kriuchkov served with charges
17.04.2019 — interim measures selected for Kriuchkov in the form of detention with bail set at UAH 7 million The bail was put up by O. Lysak to the designated account (on April 22, 2019). D. Kriuchkov was released. The NABU and the SAPO, however, asked to set bail at UAH 346 million.
25.06.2019 — NABU detectives searched the premises of TOV Dynamo Football Club to seize financial reporting connected with the criminal proceeding.
18.06.2020 — indictment received by the HACC.
15.07.2020 — first judicial hearing held; accused I. Kornilenkov was absent. The hearing was postponed.
